[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10315-10317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4408]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD02-95-001]
RIN 2115-AE47
Drawbridge Operation Regulation; Illinois Waterway
agency: Coast Guard, DOT.
action: Interim rule with request for comments.
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summary: The Coast Guard is establishing operating conditions for the
remote operation of the Elgin, Joliet and Eastern Railway (EJ&E) Bridge
over the Illinois Waterway at mile 290.1 at Joliet, Illinois. This
action is being taken at the request of the Elgin, Joliet and Eastern
Railway Company. The change to remote operation will permit more
efficient operation of the railway bridge, while continuing to provide
for the reasonable needs of navigation.
effective dates: This interim rule is effective on February 24, 1995.
Comments must be received on or before April 25, 1995.
addresses: Comments may be mailed to Commander (ob), Second Coast Guard
District, 1222 Spruce Street, St. Louis, MO 63103-2832, Attention:
Bridge Administrator. Comments may also be delivered to Room 2.107 at
the above address between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. For information concerning comments, the
telephone number is (314) 539-3724. The Bridge Branch, Second Coast
Guard District, maintains the public docket for this rulemaking.
Comments will become part of the public docket and the docket will be
available for inspection or copying in room 2.107B at the above
address.
for further information contact: Roger K. Wiebusch, Bridge
Administrator, Second Coast Guard District, (314) 539-3724.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are David
H. Sulouff, Project Officer, Bridge Branch and LT S. Moody, Project
Attorney, Second Coast Guard District Legal Office.
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments. The
Coast Guard is soliciting comments on the operation of the new system
until April 25, 1995. The Coast Guard will consider all comments
received during the comment period.
Publication History
On September 1, 1994, the Coast Guard published a proposed rule (59
FR 45252) concerning this amendment. The Commander, Second Coast Guard
District, also published the proposal as a Public Notice dated
September 20, 1994. Interested parties were given until October 31,
1994 to submit comments. The Coast Guard received comments from the
Illinois Department of Conservation and the Illinois River Carriers
Association, representing approximately 34 river towing companies.
Background and Purpose
The EJ&E Railway has requested permission from the Coast Guard to
change the operation of the EJ&E Bridge over the Illinois waterway at
mile 290.1 at Joliet, Illinois from having a manned on-site bridge
tender to a remote operating system. This regulation change establishes
the remote operating system and the required equipment. Under the
previous regulation, the drawspan was maintained in the closed to
navigation position and manned by an on site bridge tender, opening on
demand for the passage of river traffic. Communication between the
bridge tender and vessel operators was conducted via marine radio.
EJ&E has installed remote operating equipment and a control system,
including radar, infrared boat detectors, motion detectors and
communications equipment. This equipment will facilitate operation of
the drawspan from Gary, Indiana. The drawspan can also be operated at
the bridge site. Under this regulation, the drawspan will be maintained
in the open to navigation position except for the passage of rail
traffic or maintenance. The equipment can detect any malfunction in the
drawspan operation. In the event of a malfunction the remote operator
can ascertain the position of the drawspan at any time. The marine
radio system allows communication between the remote operator and
marine traffic at the bridge on the VHF marine frequencies authorized
by the Federal Communications Commission. The radar system is designed
to scan upstream and downstream of the bridge. A radar antenna has been
installed on the bridge.
The received radar signal is transmitted by fixed lines to the
remote operator. Infrared scanners and motion detectors are located in
the channel drawspan to detect vessels under the drawspan. If an
obstruction is detected beneath the drawspan during the closing cycle,
before the drawspan is seated and locked, the drawspan will
automatically stop lowering and shall be raised to the fully open
position by the remote operator until the channel is clear. Once
lowered and locked in the closed to navigation position, the boat
detectors will not raise the drawspan.
During the drawspan closing cycle, the bridge operator shall make a
radio broadcast indicating drawspan status. At the appropriate times in
the cycle, the bridge operator shall announce that the drawspan will
close to navigation, that the drawspan is closed to navigation, or that
the drawspan has reopened to navigation.
Discussion of Comments and Changes
In response to the Notice of Proposed Rule Making, two comments
were received. Both the Illinois Department of Conservation and the
Illinois River Carriers Association (IRCA) expressed no objection,
though the IRCA expressed two concerns. The first concern of the IRCA
was whether the drawspan will be operated exactly as proposed; and
second, whether or not the drawspan could accidentally be
[[Page 10316]] lowered on or in front of a tow. The IRCA also
recommended implementation of a trial period monitored by the Coast
Guard to ensure safe operation and quick return of the on site bridge
tender if needed.
The bridge owner has no objection to the trial period and expects
Coast Guard evaluation of the operation. EJ&E has reported the remote
operator cannot ``accidentally'' lower the drawspan. A series of
commands from a dispatcher control console must be initiated to lower
the drawspan. Radar at the bridge allows the remote operator to view
the river and radio broadcast requirements provide communication with
river traffic. Interruption of the boat detectors will result in
halting of the drawspan lowering sequence. If this occurs, the drawspan
will return to the full open to navigation position until the
obstruction is clear.
Based on the owner's response to comments on the remote operation
of this bridge, the Coast Guard is amending the proposed operating
requirements. Paragraphs 8 and 9 were added for additional safety
measures. Paragraph 8 adds a requirement that the remote operator
broadcast on the marine radio when the span is closed to navigation.
Paragraph 9 adds a condition that a malfunction of any portion of the
remote operating system will require immediate return of a qualified
bridge tender to the bridge for on-site operation until repairs are
completed.
Good cause exists for making this rule effective on publication.
The old regulation required that the bridge be constantly manned to
allow for the opening of the draw on demand. This new rule allows the
bridge to be left open unless rail traffic or maintenance requires its
closure. Vessel traffic will benefit from this rule by having the
bridge maintained in the open to navigation position. For these reasons
the Coast Guard has determined that there is no need to delay
implementation of this rule.
Regulatory Evaluation
This rule is not a significant regulatory action under 3(f) of
Executive Order 12866 and does not require an assessment of potential
cost and benefits under section 6(a)(3) of that order. It has been
exempted from review by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
After considering comments received, the Coast Guard finds that any
impact on small entities, if any, is not substantial. Therefore, the
Coast Guard certifies under 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) that this rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has reviewed the environmental impact of this rule
and concluded that under section 2.B.2 of the NEPA Implementing
Procedures, COMDTINST M16475.1B (as revised by 59 FR 38654, July 29,
1994) this proposal is categorically excluded from further
environmental documentation because promulgation of changes to
drawbridge regulations have been found to not have significant effect
on the human environment. A Categorical Exclusion Determination is
available for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
For the reasons set out in the preamble, the Coast Guard is
amending Part 117 of title 33, Code of Federal Regulations, as follows:
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. Sec. 499; 49 CFR Sec. 1.46; 33 CFR
Sec. 1.05-1(g).
2. In Section 117.395 the existing text is designated as paragraph
(a) and paragraph (b) is added to read as follows:
Sec. 117.395 Illinois Waterway.
(a) * * *
(b) The drawspan of the Elgin, Joliet and Eastern Railway bridge,
mile 290.1 at Joliet, Illinois, is operated by remote operator located
at the Elgin, Joliet & Eastern offices in Gary, Indiana as follows:
(1) The drawspan is normally maintained in the fully open to
navigation position displaying green center span navigation lights to
indicate that the drawspan is fully open.
(2) The bridge is equipped with the following:
(i) A radiotelephone link direct to the remote operator;
(ii) A radar antenna on top of the drawspan capable of scanning the
river, one mile upstream and one mile downstream;
(iii) Infrared boat detectors under the drawspan, to allow the
remote bridge operator to detect vessels under the drawspan.
(iv) Electronic motion detectors under the drawspan to allow the
remote bridge operator to detect vessel movement under the drawspan.
(v) A siren for sound signals, and
(vi) Red and green center span navigation lights.
(3) The remote bridge operator shall maintain a 24 hour VHF marine
radio channel 16 watch for mariners to establish contact as they
approach the bridge to ensure that the drawspan is open or that it
remains open until passage of river traffic is complete.
(4) When rail traffic approaches the bridge, and the drawspan is in
the open position, the remote bridge operator initiates a one minute
warning period before closing the drawspan. During this warning period,
the remote operator shall broadcast at least twice, via marine radio,
channel 16, that: `The drawspan of the EJ&E Railroad bridge will be
lowered in one minute.'' A siren on the bridge sounds for 20 seconds,
to warn anyone on or under bridge that the drawspan will be lowered.
(5) If a vessel is approaching the bridge upbound or, departing the
Lockport Lock and Dam at mile 291.1, downbound, with intentions of
passing through the drawspan, they shall respond to the remote bridge
operator's marine radio broadcast, or initiate radio contact,
indicating their proximity to the bridge and requesting an opening of
the drawspan or that the drawspan remain open until the vessel passes.
If any approaching vessel is detected or if a radiotelephone response
is received, the remote operator shall not close the drawspan until the
vessel or vessels have cleared the bridge. [[Page 10317]]
(6) At the end of the one minute warning period, if no river
traffic is approaching or under the drawspan, the remote bridge
operator may begin lowering the drawspan. Navigation lights located at
the center of the drawspan change from green to red when the drawspan
is not in the fully open to navigation position. The drawspan takes
approximately 90 seconds to lower.
(7) If the presence of a vessel or other obstruction is discovered
approaching or under the drawspan, during the lowering sequence, before
the drawspan is fully lowered and locked, the drawspan shall be stopped
and raised to the fully open position. When the vessel or obstruction
has cleared the drawspan, the remote operator shall confirm that the
channel is clear and reinitiate the one minute warning cycle before
lowering the drawspan.
(8) If no marine traffic is present the drawspan may be lowered and
seated. When the drawspan is lowered and locked in the closed to
navigation position, the remote bridge operator broadcasts, at least
twice, via marine radio channel 16, that: ``The drawspan of the EJ&E
Railroad bridge is closed to navigation.''
(9) Failure of the radar system, radio telephone system, infrared
boat detectors or electronic motion sensors shall prevent lowering the
drawspan from the remote location.
(10) When rail traffic has cleared the bridge, the remote bridge
operator shall raise the drawspan to the fully open to navigation
position. When the drawspan is raised and in the fully open to
navigation position, the remote bridge operator broadcast, at least
twice, via marine radio channel 16, that: ``The drawspan of the EJ&E
Railroad bridge is open to navigation.'' The center drawspan navigation
lights change from red to green when the drawspan is fully open to
navigation.
Dated: January 23, 1995.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District.
[FR Doc. 95-4408 Filed 2-23-95; 8:45 am]
BILLING CODE 4910-14-M